Decision No 2/2023 of the ACP-EU Committee of Ambassadors of 25 October 2023 to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement [2023/2453]
Date: 2023-10-25
Institutions: ACP Committee of Ambassadors
Subjects: Cotonou Agreement, negotiation of an agreement (EU), renewal of an agreement








L_202302453EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2453


31.10.2023







            DECISION No 2/2023 OF THE ACP-EU COMMITTEE OF AMBASSADORS
         
of 25 October 2023
         
to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement [2023/2453]


THE ACP-EU COMMITTEE OF AMBASSADORS,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), and in particular Article 15(4) and Article 16(2) in conjunction with Article 95(4) thereof,

Whereas:







(1)


The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (the ‘ACP-EU Partnership Agreement’) was signed in Cotonou on 23 June 2000 and entered into force on 1 April 2003. In accordance with Decision No 3/2019 of the ACP-EU Committee of Ambassadors (2) (the ‘decision on transitional measures’), it is to be applied until 31 October 2023.












(2)


Pursuant to Article 95(4), first subparagraph, of the ACP-EU Partnership Agreement, negotiations towards a new ACP-EU Partnership Agreement (the ‘new Agreement’) were launched in September 2018. The new Agreement will be signed on 15 November 2023 by the European Union and its Members States and the Members of the Organisation of African, Caribbean and Pacific States. Pursuant to Article 98(4) of the new Agreement, its provisional application is to commence on the first day of the second month after the date of signature of that Agreement. It is therefore necessary to amend the decision on transitional measures to further extend the application of the provisions of the ACP-EU Partnership Agreement.












(3)


Article 95(4), second subparagraph, of the ACP-EU Partnership Agreement provides for the ACP-EU Council of Ministers to adopt any transitional measures that may be required until the new Agreement comes into force.












(4)


Pursuant to Article 15(4) of the ACP-EU Partnership Agreement, on 23 May 2019, the ACP-EU Council of Ministers delegated the powers to adopt the transitional measures to the ACP-EU Committee of Ambassadors (3).












(5)


It is therefore appropriate that the ACP-EU Committee of Ambassadors adopt a decision, pursuant to Article 95(4) of the ACP-EU Partnership Agreement, to amend the decision on transitional measures in order to extend the application of the provisions of the ACP-EU Partnership Agreement until 31 December 2023.












(6)


The provisions of the ACP-EU Partnership Agreement will continue to be applied with the aim of maintaining continuity in relations between the Union and its Member States, on the one hand, and the ACP States, on the other. Accordingly, the amended transitional measures are not intended as amendments to the ACP-EU Partnership Agreement as provided for in Article 95(3) thereof,





HAS ADOPTED THIS DECISION:



Article 1
In Article 1 of Decision No 3/2019 of the ACP-EU Committee of Ambassadors, the date ‘31 October 2023’ shall be replaced by that of ‘31 December 2023’.


Article 2
This Decision shall enter into force on 1 November 2023.




Done at Brussels, 25 October 2023.


For the ACP-EU Council of Ministers


By the ACP-EU Committee of Ambassadors


The President

Marcos ALONSO ALONSO
            





(1)  
            OJ L 317, 15.12.2000, p. 3. The ACP-EU Partnership Agreement was amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 209, 11.8.2005, p. 27) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).

(2)  Decision No 3/2019 of the ACP-EU Committee of Ambassadors of 17 December 2019 to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement (OJ L 1, 3.1.2020, p. 3).

(3)  Decision No 1/2019 of the ACP-EU Council of Ministers of 23 May 2019 on the delegation of powers to the ACP-EU Committee of Ambassadors on the decision to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement (OJ L 146, 5.6.2019, p. 114).


ELI: http://data.europa.eu/eli/dec/2023/2453/oj
ISSN 1977-0677 (electronic edition)